HomeMy WebLinkAbout2020-252A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT OF FLORIDA, IN AND
FOR INDIAN RIVER COUNTY, FLORIDA
INDIAN RIVER COUNTY, FLORIDA,
a political subdivision of the State of Florida,
CASE NO. 2020 CA 000600 i
Petitioner
VS.
HARISH SADHWANI, DEEPTI
SADHWANI and CAROLE JEAN
JORDAN, TAX COLLECTOR OF'
INDIAN RIVER COUNTY, FLORIDA
Respondents
PARCEL NO. 105
AGREED ORDER OF TAKING
THIS CAUSE came before the Court upon the Petition in Eminent Domain and Petitioner's
request for the entry of an Order of Taking herein. It appearing that proper notice was given to the
Respondents, Harish Sadhwani, Deepti Sadhwani and Carole Jean Jordan, Tax Collector of Indian
River County, Florida, and all persons having or claiming any equity, lien, title or other interest in or
to the real property described in the Petition and that Petitioner would apply to this Court for an
Order of Taking, and upon agreement of the parties and the Court being fully advised in the
.premises, upon consideration, it is therefore
ORDERED AND ADJUDGED;
1. That the Court has jurisdiction of the subject matter and the parties to this cause.
2. That the pleadings in this cause are sufficient and the Petitioner is properly exercising its
delegated authority.
3. That the estimate of value filed in this cause by the Petitioner was based upon a valid
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
appraisal.
4. That the Petitioner is entitled to the vesting of title in and possession of the following
described property prior to entry of a Final Judgment, to wit:
See Attached Exhibit "A"
upon payment into the Registry of this Court, the deposit hereinafter specified; that said deposit of
money will secure the persons lawfully entitled to compensation, as will be determined ultimately
by Final Judgment of the Court.
5. That upon the payment of the deposit hereinafter specified into the Registry of this Court,
fee simple title to the above-described property shall vest in the Petitioner.
6. The said sum of money to be deposited for Parcel 105 is Three Hundred Fourteen
Thousand Two Hundred Sixty -Four ($314,264.00) Dollars which represents Petitioner's good faith
estimate of value for said property. Said sum shall be deposited into the Registry of this Court
within twenty (20) days after the date of this Order, and, upon making such deposit, the Petitioner
shall notify, in writing, all parties of record that the deposit has been made and, upon malting
such deposit, fee title to and possession of the property described in the Petition shall vest in
Petitioner without further notice or Order of this Court.
7. If Petitioner shall default in malting the deposit of said sum of money within the time
provided, this Order shall be void and of no further force and effect.
8. In addition to the above provisions, the parties further agree as follows:
A. The full compensation to be received by Respondents, Harish Sadhwani and
Deepti Sadhwani, shall be no less than the good faith estimate of value
($314,264.00). The amount of the good faith estimate of value shall not be
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
mentioned or otherwise admissible in evidence at the valuation trial in this
cause.
B. At trial, Respondents, or their experts, will be permitted to present evidence
concerning the date of Respondents' purchase of the subject property and the
purchase price of said property.
C. At trial, Petitioner agrees that it will present no evidence of any alleged
Murphy Reservation that may be applicable to the Subject Property and the
alleged Murphy Reservation will not be considered in the valuation of the
property.
D. At trial, Petitioner shall be permitted to present evidence and testimony that
the full compensation to be paid Respondents is in an amount less than
$314,264.00.
E. Petitioner shall construct the project in accordance with the construction
plans referenced on Exhibit `B" attached hereto. If the project is not so
implemented, Respondents may claim additional damages and compensation
based on any such deviation from such construction plans.
9. Upon deposit of funds as set forth in Paragraph 6, the Clerk of this Court shall
issue a check payable to the Tax Collector of Indian River County in the amount of prorated and
apportioned real estate taxes and assessments for the lands described in Exhibit "A" and shall also
issue a check in the amount of the balance of funds so deposited payable to "David Holloway, P.A.,
Trust Account," and mail said check to David W. Holloway, P.A. 10764 706' Avenue, Suite 6206,
Seminole, Florida 33772.
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A TRUE COPY
CERTIFICATION ON LAST PAGE
.;.R. SIWTH; CLERK
DONE AND ORDERED in Indian River County, Florida, this _ day of
2020.
Circuit Judge
Copies furnished: See attached Service List
JOINT MOTION
The undersigned as attorneys for Petitioner, Indian River County, and Respondents, Harish
Sadhwani and Deepti Sadhwani, hereby consent to the entry of the forgoing Agreed Order of
Taking.
Dated this 16 4day of December 2020.
/s/ William P. Donee, Esq.
WILLIAM P. DONEY, ESQ,
Florida Bar No. 237086
CALDWELL PACE= EDWARDS
SCHOECH & VIATOR LLP
Attorney for Petitioner
1555 Palm Beach Lakes Blvd., Suite 1200
West Palm Beach, FL 33401
Phone: (561) 655-0620
Fax: (561) 655-3775
E -Mail: doney@caldwellpacetti.com
Secondary email: e-services@caldwellpacetti.com
William K. DeBraal, Esq.
Deputy County Attorney
Attorney for Petitioner, Indian River County
1801 27`h Street
Vero Beach, FL 32960
Telephone: (772)226-1424
Fl. Bar No.: 901679
bdebraal@ircgov.com
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Ind7an River County, Fforidd v. Harlsh Sadhwani, Deepit Sqdhwani & Carole Jean:Jor0an
Owe No. -20.20 CA 00600
and Deepti Sadh.wgW
10764 70". Aveziup, #6206
Seminolei,FL. 33772
PhOnt: (727);362-5126
Email: day.id@dwhp&com
p1eadiugs@dwhpa-xom
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
Indian River County, Florida v. Harlsh SadInvanl, Deeptl Sadhivanl & Carole Jean Jordan
Case No. 2020 CA 00600
SERVICE LIST
William P, Doney, Esq.
William K. DeBraal, Esq.
Attorney for Petitioner
Deputy County Attorney
Caldwell Pacetti Edwards Schoech & Viator,
Attorney for Petitioner, Indian River County
LLP
180127" Street
1555 Palm Beach Lakes Blvd., Suite 1200
Vero Beach, FL 32960
West Palm Beach, FL 33401
bdebraal@ircgov.com i
doney@caldwellpacetti.com
e-services@caldwellpacetti.com
David W. Holloway, Esq.
Robert C. Nall, Esq,
Attorney for Respondents, Harish Sadhwani
Attorney for Tax Collector, Carole ,lean
and Deepti Sadhwani
Jordan
10764 701h Avenue, Suite 6206
Post Office Box 5325
Seminole, Florida 33772
Vero Beach, FL 32961
David@dwhpa.com
rcn@nallpa.com
Pleadings@dwhpa.com
robertnall@gmail.com
0
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
IN WITNESS WHEREOF, the Board has executed this Agreed Order of Take as
of the date approved below.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
h -E. Flescher, Chairman
BCC Approved D- .u•_ 1 2 1
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
By: X OCIA d4 R)dj��
Deputy Clerk
Approved as to form and legal sufficiency
William K. DeBraal
Deputy County Attorney
Approved:
By
Jason E. ` rown
County Administrator
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A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
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LEGAL DESCRIPTION
INDIAN
AND -SKETCH OF
PARCEL 105 —
RIVER.000fJTY, FLORIDA
1 OF 2
PPOECT N4
047035041
EXHIBIT A
A TRUE COPY
CERTIFICATION ON LAST PAGE
J.R. SMITH, CLERK
U1pTION
RIOT OF WAY PARCEL
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING
A PORTION OF TRACT 8, SECTION 7, TOWNSHIP 32 SOUTH RANGE 39 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF TFIE INDIAN RIVER FARMS
COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF
ST, LUCIE COUNTY, FLORIDA, NOW LYING AND BEING IN INDIAN RIVER COUNTY,
FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT;
COMMENCING FOR REFERENCE AT THE EAST A CORNER OF SAID SECTION 7;
THENCE, BEARING NORTH 00'00'25" EAST, ALONG THE EAST LINE OF SAID SECTION
7, A DISTANCE OF 30.72 FEET TO A POINT;
THENCE, LEAVING SAID EAST LINE, BEARING NORTH 89'59'35" WEST. A DISTANCE
OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF 65TH STREET
AND THE POINT AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED PARCEL;
THENCE, BEARING NORTH 89'10'25' WEST, ALONG SAID NORTH LINE, A DISTANCE
OF 551.57 FEET TO A POINT ON THE WEST LINE O THE EAST 70 ACRES OF SAID
TRACT B;
THENCE, LEAVING SAID NORTH LINE, BEARING NORTH 00'00'25" EAST, ALONG SAID
WEST LINE, A DISTANCE OF 50.01 FEET TO A POINT;
THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'10'25' EAST, A DISTANCE
OF 455.55 FEET TO A POINT;
THENCE, BEARING NORTH 45'25'00" EAST, A DISTANCE OF 56.16 FEET TO A—POINT;
THENCE, BEARING NORTH 00'00'25" EAST, A DISTANCE OF 1,218.73 FEET TO A
POINT ON THE NORTH UNE OF SAID TRACT 8;
THENCE.
BEARING
TO SOUTH
POINT ON THE EAST NORTH
LINE, A DISTANCE
TRACT
THENCE, BEARING SOUTH 00'00'25" WEST, ALONG THE EAST LINE OF SAID TRACT
8, A DISTANCE OF 1,309.39 FEET TO THE POINT OF BEGINNING,
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 229,791 SQUARE FEET OR
528 >�
RESTRICTIONS MORE OR LESS. AS CONTAINED WITHINCTHEO ALL HAINEASEMENTS,
OFE11T E 'CONDITIONS AND
s '
PROPOSED ACQUISITION PARCEL ACREAGE - 5,28 ACRES
PORTION OF THE ACQUISITION PARCEL
THAT IS ENCUMBERED BY THE FDOT = 0.90 ACRES
RIGHT—OF—WAY
SURVEYORS NOTES
1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY
RETRACEMENT SURVEY.
2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID
B LINE BEARS NORTH 00'00'25" EAST,
3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING
REPRODUCTION PROCESSES.
4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT
q OF WAY MAP FOR 66TH AVENUE PREPARED BY SURDETTE AND ASSOCIATES, DATED
jl 10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA.
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PARCEL 105
M STORMWATER MANAGEMENT
FACIUTY
112,440 SQ. FT.
2.58 ACRES
HARISH SADHWANI N
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A TRUE COPY
CERTIFICATION ON LAST PAGE
SMITH, CLERK
66TH AV
PARCEL 106
STORYWA TER
MANAGEMENT
FACILITY
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TRACT 8
N89'24'50"W "
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UNE LENGTH BEARING CORNER
R/W RESERVATION LINE SECTION 7
Lt 50.00 N89'24'50"
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Y SECTION LINE A 12 CANAL "
LE EN oN -71
UNE
PROPERTY LINE
PROPOSED POND
PARCEL
RIGHT OF WAY LINE
P.O.C; POINT OF COMMENCEMENT 7111: ontUloe that o Aegol daaujotlm and akotah of the pooperfy shown
hereon Na madw and., my x4pwielm and that Ihl, 1.9d 4—rfptlgn
P.O.B. POINT OF BEGINNING and rk.kh meet:. y,e rtandardt of piootlCe eet forth r F/rype�Raiido
R/W RIGHT OF WAY Qoord of Proloseknol 5urwyaro dad Mra appl1JP'iti flcv o.
Ad t.1.1rallw Coda uraoanl to Sect/an 472
hat 5N
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TCE TEMPORARY CONSTRUCTION ryaj sf7g
EASEMENT FOOT FLORIDA DEPARTMENT OF f
TRANSPORTATION EG DWE707, ASM, MCt 5176 A i
SECT. SECTION r� ^2 FLORIDA
DA W-- - I.O'�bo�1e i(�, I
Mot rood without the algnotun end the w-lpbllj,��yp,oqt(epb,�iprao
lkanaed Surre�or and Moppan t1 "Y1Y 7 1
Klmiej/»> Horn 7/10/17 LEGAL DESCRIPTION AND SKETCH OF T xuuBpt
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new m �o colo aaar�pal uo aaag4m res. Fk0.E0f t1v PARCEL 106 STORMWATER.MANAGEMENT FACILITY 1 Of 2
Div ur 1TM tnan, am ua woo ruw n �sro
,mzn .r nano »t -»waw r.n »r»a-+1x 0470=41 INDIAN RIVER COUNTY, FLORIDA
ECa rwlalm.F1-1MiNGOY
A TRUE COPY
''I CERTIFICATION ON LAST PAGE
0r G ,� danMkdRr dein Ittn AtP,mAth_.)7bq MCFi 10S - SUF-A.d PARCM 106-2 Dw 0 2070 1Z 13 6. Gomw,hOn).R• SMITH, CLERK
66TH AVENUE
PARCEL 105
STORMWA TER i
MANAGEMENT
ALL THAT CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND BEING
A PORTION OF TRACT B, SECTION 7, TOWNSHIP 32 SOUTH, RANGE 39 EAST,
ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS
COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF
ST, LUCIE COUNTY, FLORIDA, NOW LUNG AND BEING IN INDIAN RIVER COUNTY,
FLORIDA; SAID LANDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT;
COMMENCING FOR REFERENCE AT THE EAST Y CORNER OF SAID SECTION 7
THENCE, BEARING NORTH 00'00'25" EAST, ALONG THE EAST UNE OF SAID SECTION
7, A DISTANCE OF 1339.60 FEET TO A POINT;
THENCE, LEAVING SAID EAST LINE, BEARING NORTH 8974'50" WEST, A DISTANCE
OF 50,00 FEET TO THE NORTHEAST CORNER OF SAID TRACT 8;
THENCE, BEARING NORTH 89'24'50° WEST, ALONG THE NORTH UNE OF SAID TRACT
8, A DISTANCE OF 156.01 FEET TO THE POINT AND PLACE OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL;
THENCE, LEAVING SAID NORTH LINE, BEARING SOUTH 00'00'25" WEST, A DISTANCE
OF 50.00 FEET TO A POINT;
THENCE, BEARING NORTH 89'24'50" WEST, A DISTANCE OF 163.00 FEET TO A
POINT;
THENCE, BEARING SOUTH 21'12'15' WEST, A DISTANCE OF 347.22 FEET TO A
POINT;
THENCE, BEARING NORTH 89'24'50" WEST. A DISTANCE OF 206,97 FEET TO A
POINT ON THE WEST LINE OF THE EAST 20 ACRES OF SAID TRACT 8;
THENCE, BEARING NORTH 00'00'25" EAST, ALONG SAID WEST UNE, A DISTANCE OF
375.00 FEET TO A POINT ON THE AFOREMENTIONED NORTH LINE OF SAID TRACT 8;
THENCE, LEAVING SAID WEST LINE, BEARING SOUTH 89'24'50" EAST ALONG SAID
NORTH LINE, A DISTANCE OF 495.53 FEET TO THE POINT OF BEGINMNG.
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF 112,440 SQUARE FEET OR
2.58 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS, CONDITIONS AND
RESTRICTIONS AS CONTAINED WITHIN THE CHAIN OF TITLE,
SURVEYORS NOTES
•1) THIS IS A SKETCH OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY
RETRACEMENT SURVEY.
2) THE BEARING BASE FOR THIS SURVEY, IS THE EAST LINE OF SECTION 7. SAID
LINE BEARS NORTH 00.00'25' EAST.
3) THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING
REPRODUCTION PROCESSES.
4) THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT
OF WAY MAP FOR 66TH AVENUE PREPARED BY BURDETTE'AND ASSOCIATES, DATED
10-10-06, AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA.
` .. N ^ Kimlep Horn °"" - - 6N Mom �/l9/1� LEGAL DESCRIPTION AND SKETCH OF
PARCEL 105 STORMWAT'ER MANAGEMENT FACILITY 'L Of 2
D{7079
>MWI R f0111:LLtY-{tlVl ND ApOtlAiC!• YRt PRO.COT N0.
DFD 4{I 1M iD i. NAS >a4 W,0 KAtK 0. Jllfn
w,wD m-n,-�ryro r �a-nu,x INDIAN RIVER COUNTY, FLORIDA
041
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE OR )INAL ON FILE IN THIS
OFFI E. n _
DATE
EXHIBIT B
Indian River County Board of County Commissioners Roadway Contract Plans 66th Avenue,
Roadway Widening Phase 1B 57th Street to 69th Sheet Indian River County Project No, 1505
FDOT FPID 536379-1-52-01, 100% SUBMITTAL September 2020.
The following are from the full set of plans:
Index of Roadway Plans (sheet 1); 66th Avenue Typical Section (sheet 13);. 65th Street Typical
Section (sheet 16); Summary of Quantities (sheet 19); 66th Avenue Plan & Profile (sheets 40
and 41); 66th Avenue Cross Sections (sheet 109): 66th Avenue Cross Sections (sheets 118 to
124); 65th Street Cross Sections (sheets 160 to 162); 66th Avenue Erosion Control Plan (sheets
203 to 205); 65th Street Erosion Control- Plan (sheets 213 and 214); Pond 66C Erosion Control
Plan (sheet 221).
The following are from the revised set of plans:
66"' Avenue Plan & Profile (sheets 36 to 39); 65`h Street Plan & Profile (sheets 56 and 57); Pond
66C (sheets 82, 83 and 84); 66'h Avenue Cross Sections (sheets 110 to 117); 65'h Street Cross
Sections (sheets 163 and 167).